Formal Discovery Versus Informal Discovery

Discovery is the process of obtaining and providing information in the family court proceeding.  The formal process of discovery includes interrogatories; requests for production of documents; and depositions.  Interrogatories are questions or demands for information that must be answered in writing.  Requests for production of documents involve providing copies of documents such as bank statements, asset verifications, tax returns and real estate records.  Depositions are oral proceedings in which the person answering questions is providing sworn testimony, and the questions and answers are placed on record by a court reporter. 

In many cases, it is not necessary to proceed with formal discovery, if there is enough cooperation between the parties and their attorneys.  In divorce cases, the parties are required by law to disclose relevant information so as not to defraud each other (or the court) in arriving at a fair and equitable settlement.  Consequently, it is often possible to streamline the exchange of information in a manner that is mutually beneficial and economical. 

Informal discovery typically happens by letter, or by meeting in person, or both.  The person providing information furnishes sufficient detail and supporting documentation in a manner that obviates sworn testimony at a deposition.  The person on the receiving end, in following up and requesting additional detail or additional documentation, often does not need a great deal of the information that would be part of the formal discovery process.  The exchange of information is tailored to the specific claims and relevant circumstances of the case, instead of the "fishing expedition" that the formal discovery process is characterized as by many lawyers and judges.

Comments

[Rolf Campbell]

It should be noted that in the instance of spousal and child support, disovery is an ongoing process initiated at the request of either party. After less than 18 months from our divorce, I am again required to provide great details about my income and use of money while my spouse continues to not provide hers, as was the case during the divorce process - it is not a balanced process. Another point to make is that discovery reveals to a former spouse who has a history of being abusive, personal information that can be used to do emotional harm as is the case with my former wife toward me. Discovery is a complex issue when it relates to a person's right to privacy and protection from cruelty AFTER a divorce. Thank you.